What is Act No. 60 / 1965 Coll.?

Act No. 60 / 1965 Coll., on the Prosecutor's Office — Law on the Prosecutor.

When it became Act No. 60 / 1965 Coll. effectiveness?

Act No. 60 / 1965 Coll. became effective 01.08.1965.

Is Act No. 60 / 1965 Coll. still valid?

Yes, Act No. 60 / 1965 Coll. is still valid and effective.

Act No. 60 / 1965 Coll. - Law on the Prosecutor

60

THE LAW

of 17 June 1965

on the prosecution

The National Assembly of the Czechoslovak Socialist Republic decided on this law:

Část první

Basic provisions

§ 1

(1) Supervision of the consistent implementation and maintenance of the laws and other legislation of the Ministry and other government bodies, national committees and organisations and citizens is the responsibility of the Prosecutor General of the Czech and Slovak Federal Republic.

(2) The status and authorisation of prosecutors before courts and state notaries are governed by specific laws.

(3) The authorities of the Prosecutor-General of the Czechoslovak Socialist Republic form a single centralised system in which the lower prosecutors are subordinate to the higher ones. They shall perform their functions independently of the local authorities.

(4) The institutions of the General Prosecutor of the Czechoslovak Socialist Republic and the Military Prosecutor are subordinate to the Prosecutor General of the Czechoslovak Socialist Republic. The authorities of the Czech Socialist Republic are subordinate to the Attorney General of the Czech Socialist Republic. The authorities of the Prosecutor-General of the Slovak Socialist Republic are subordinate to the Prosecutor-General of the Slovak Socialist Republic.

(5) The Attorney General of the Czech Socialist Republic and the Slovak Socialist Republic are subordinate to the Prosecutor-General of the Czechoslovak Socialist Republic in the exercise of supervision over the consistent implementation and maintenance of laws and other legislation issued by the authorities of the Czechoslovak Socialist Republic. The other authorities of the Prosecutor-General in the Czech Socialist Republic and the Slovak Socialist Republic are subordinate to the Prosecutor-General of the Czechoslovak Socialist Republic in cases where the Prosecutor-General of the Czechoslovak Socialist Republic considers it necessary to impose tasks on them in the urgent interest of the Czechoslovak Socialist Republic because there is a risk of delay or because the Prosecutor-General of the Republic is dormant.

§ 2

(1) The prosecution shall guard, enforce and consolidate legality, regardless of any local influence, ensuring the unity of legality throughout the territory of the Republic.

(2) The performance of supervision of the correct and uniform implementation and maintenance of laws and other legislation protects the prosecution

(a) the State and its constitutional establishment;

(b) political, personal, family, labour, social, housing, property and other rights and the legally protected interests of citizens;

(c) the rights and the legally protected interests of organisations;

(d) the fighting capacity of the armed forces and armed corps and the discipline and order provided for therein.

(3) The prosecution's entire activities contribute to enhancing respect for the rule of law, the fulfilment of civil obligations and respect for civil rights and freedoms.

§ 3

(1) The prosecutors shall carry out their duties

(a) the supervision of the consistent implementation and maintenance of laws and other legislation by ministries and other government bodies, national committees, organisations and individual citizens;

(b) criminal prosecution of persons who have committed crimes and offences;

(c) supervision of the maintenance of legality in criminal preparatory proceedings;

(d) the participation and enforcement of an authorisation in proceedings before courts and state notaries under special laws.

(e) the supervision of the maintenance of legality in the places where the detention is carried out, the sentence of imprisonment, protective treatment and protective education.

(2) The Chief Prosecutor shall be entitled to perform the individual acts of the prosecutors under his authority.

§ 4

The prosecutors, acting on behalf of the State to oversee the consistent implementation and maintenance of laws and other laws, shall be required to take measures to eliminate the breach of law, regardless of who infringed it, as well as to restore the infringed rights, and to ensure that anyone who has caused the breach of law is held liable.

§ 5

The prosecution's investigators shall conduct investigations into criminal offences to the extent specified by specific rules.

§ 6

(1) The Prosecutor General of the Czechoslovak Socialist Republic is responsible to the Federal Assembly. The Prosecutor General of the Czech Socialist Republic is responsible to the Czech National Council. The Attorney General of the Slovak Socialist Republic is responsible to the Slovak National Council.

(2) The Prosecutor-General of the Czechoslovak Socialist Republic is appointed and dismissed by the President of the Czechoslovak Socialist Republic, in whose hands he is sworn. If the Attorney General of the Czechoslovak Socialist Republic is a citizen of the Czech Socialist Republic, his first deputy will be a citizen of the Slovak Socialist Republic, or vice versa. The General Prosecutor of the Republic shall be appointed and removed by the Bureau of the National Council. The proposal to appoint the Prosecutor General of the Republic is made by the Prosecutor General of the Czechoslovak Socialist Republic. The Prosecutor General of the Republic shall take the oath in the hands of the President of the National Council concerned.

(3) The Federal Assembly may propose to the President of the Czechoslovak Socialist Republic to withdraw the Prosecutor-General of the Czechoslovak Socialist Republic from his post. The Prosecutor-General of the Czechoslovak Socialist Republic may propose to the Bureau of the National Council to dismiss the Prosecutor-General of the Republic.

§ 7

(1) The Attorney General of the Czechoslovak Republic reports to the Federal Assembly on the state of legality.

(2) The Prosecutor General of the Czechoslovak Socialist Republic is obliged to attend, on request, a meeting of the House, its committee or the Bureau of the Federal Assembly; provide them with the requested information and reports.

(3) The Prosecutor General of the Czechoslovak Socialist Republic presents questions to the Bureau of the Federal Assembly which need to be regulated by the Federal Assembly Act or whose legal regulations require additions or amendments.

(4) The general prosecutors of the Republic shall follow the principles set out in paragraphs 1 to 3 in relation to the national councils, their presidencies and committees.

§ 8

The Attorney General of the Czechoslovak Socialist Republic draws the attention of the Federal Assembly to legislation issued by the authorities of the Czechoslovak Socialist Republic which contravenes the constitutional or other Federal Assembly law. The general prosecutors of the Republic shall follow that principle in relation to national councils in respect of legislation issued by the authorities of the Republic.

§ 9

(1) The Attorney General of the Czechoslovak Socialist Republic participates in the advisory meetings of the Government of the Czechoslovak Socialist Republic. The Prosecutor-General of the Republic shall take part in the advisory meetings of the Government of the Republic.

(2) The prosecutors shall be entitled to attend the meetings of the national committees and their bodies and other bodies of state administration with an advisory vote.

§ 10

(1) The prosecutors are responsible for ensuring that the public authorities, national committees and organisations themselves ensure compliance with the legality both in the exercise of their duties and with the subordinate authorities and ensure that those responsible for the infringement are held liable.

(2) The prosecutors shall monitor whether and how the control authorities fulfil their obligations to ensure the legality imposed on them by law and act by their means to remedy the deficiencies identified.

§ 11

(1) Ministries, other government bodies, national committees and organisations are required to assist prosecutors in the performance of their duties, to comply with their requests within the prescribed time limit, in particular to lend them files and documents and to provide them with explanations and to enable them to determine whether laws and other generally binding laws are maintained, to enter their official buildings and other premises.

(2) In order to carry out the tasks set out in this Act, prosecutors are also assisted by courts and public notaries, in particular by lending them files and documents.

(3) The prosecutors shall be entitled to require the public authorities and organisations to carry out verifications and revisions where there are reasonable grounds for suspecting a breach of legality or, where appropriate, that a criminal offence has been committed. These authorities and organisations shall comply with requests within the time limits set by the prosecutor. As regards the reimbursement of the costs associated with this, it will be regulated by a special regulation.

(4) The obligations and authorisations referred to in paragraphs 1, 2 and 3 shall not apply to matters of an operational and mobilising nature.

§ 12

(1) Everyone has the right to ask the prosecutor to review the procedure or decision of the institutions and organisations in respect of compliance with the law and the measure of the prosecutor to remedy the found infringement of the law.

(2) The Prosecutor is required to examine such an complaint. It must examine all the circumstances relevant for assessing whether a breach of law has taken place and take measures to eliminate a breach of law and, to restore the infringed rights and to take responsibility against those responsible for the infringement.

(3) The handling of the complaint must be based on a reliably established state of affairs and ensure the protection of the rights and the legally protected interests of citizens and organisations consistent with the social interests.

(4) The handling of the complaint shall be notified to the person who made it. The notification shall be justified. If the person who made the complaint is not satisfied with the procedure, he may request a review of the procedure; in which case, the matter shall be examined by the superior prosecutor. Other initiatives in the same matter are only examined if they contain new facts.

(5) The complaint must be handled by the prosecutor within two months. This period may be extended in justified cases by the superior prosecutor.

§ 13

(1) Everyone is obliged to appear at the request of the prosecution and to give the necessary explanations to the prosecutor.

(2) An explanation may be refused by any person who would in so doing infringe an expressly imposed or recognised obligation of confidentiality, unless he is relieved of that obligation by the competent authority or by the person in whose interest he is obliged to do so, or who would thereby create a risk of criminal prosecution against himself or those close to him (§ 116 of the Civil Code).

(3) Those who appear at the call referred to in paragraph 1 shall be entitled to reimbursement of final expenses and lost earnings. This claim is not for those who have been summoned in their own interest. The entitlement shall cease if it is not valid within three days of its completion.

(4) If the citizen fails to comply with the call without an apology or for serious reasons, the prosecutor may impose an order-by-order fine of up to 500 CZK or order his presentation. A complaint is admissible against the imposition of a fine. It must be filed with the prosecutor who fined it within 15 days. If the prosecutor does not comply with the complaint himself, he shall immediately submit it to the superior prosecutor for a decision. The prosecutor may also waive the fine imposed. A decision imposing a fine shall be enforceable in accordance with the rules of the Civil Code on enforcement.

(5) The provisions referred to in paragraphs 1 to 4 shall not apply to acts in accordance with the provisions of the criminal Code.

Část druhá

Execution of prosecuting supervision

Oddíl 1

General surveillance

§ 14

(1) The prosecutors supervise the consistent implementation and maintenance of laws and other generally binding legislation by the ministries and other bodies of state administration, national committees, organisations and individual citizens, and that no one is illegally restricted in their rights.

(2) In carrying out these tasks, prosecutors shall in particular be entitled to:

(a) review the legality of generally binding legislation (Articles 80 and 139 of Constitutional Law No. 143 / 1968 Coll.), generally binding regulations of national committees (Article 94 of the Constitution), directives, proceeds, resolutions and other acts of general nature issued by the authorities referred to in paragraph 1;

(b) examine the legality of the procedure and decisions of the authorities referred to in paragraph 1 on a case-by-case basis;

(c) carry out checks on the legality of the bodies referred to in paragraph 1.

§ 15

(1) The prosecutor shall object to, or to, decisions, measures and other acts (hereinafter referred to as "decisions') contrary to, laws and other legislation with the authority which issued them or to the authority of that authority or its supervisor.

(2) If the protest has been lodged with the authority which issued the decision, that authority may itself revoke or replace the decision against which the protest is directed. If the institution does not comply fully with the protest itself, it shall submit it within the time limit referred to in paragraph 7 to the supervisor or supervisor who decides on the protest.

(3) If the institution does not decide on a protest within the time limit laid down, nor submit the case itself to the superior or supervisor, the prosecutor shall submit the protest directly to that authority.

(4) The competent authority of the national committee responsible for the decision on the protest, if the authority which issued the decision (paragraph 2) does not comply with it, shall be the competent central authority of the national production of the higher level and, if the decision of the Regional National Committee is taken, the competent central administration.

(5) The prosecutor may file a new protest against a decision that has not been upheld.

(6) If the Ministry, other central authority or national committee directly managed by the government does not comply with the protest, it shall submit it to the competent government for decision. The administrative provisions shall apply in matters governed by the rules on administrative procedures.

(7) If the prosecutor does not set another deadline, the protest must be settled within 30 days.

(8) If the protest has been granted, the decision shall be annulled and the case shall be referred back to the authority whose decision has infringed the law or other legislation, the authority issuing the new decision shall be bound by the legal opinion expressed in the protest decision.

(9) Protest may not be lodged if five years have elapsed since the decision was taken. In cases governed by administrative procedures, that period shall be calculated from the legal authority of the decision.

§ 16

(1) Enforcement shall be suspended by the expiry of the period laid down for the execution of the protest, unless the prosecutor proposes to suspend the execution at the time of the protest or before the expiry of the period laid down for its execution. The institution shall comply with such a proposal. Where a protest against a regulation or enforcement is directed, the continued enforcement of the decision shall be terminated by a protest.

(2) If the protest has been granted, the institution whose decision has been revoked or amended must restore the rights which have been violated without delay, not later than 30 days, unless the prosecutor sets a different deadline. If there is no possibility of renewal of the infringed right, the authority shall, within the same time limit, arrange for another reasonable remedy. A report on the renewal of rights or any other reasonable remedy shall be required to the Prosecutor within a specified time limit.

§ 17

(1) The prosecutors shall notify the ministries and other bodies of the administration, national committees and organisations in order to eliminate infringements of laws and other legislation.

(2) If no other time limit is set in the notice, the authority to which the notice has been given shall, within 30 days, discuss the notice, take action to eliminate the infringements of laws and other legislation and the causes which led to it and report on the outcome of the hearing and the measures taken to the prosecutor.

Oddíl 2

Criminal prosecution and supervision of the maintenance of legality in preparatory criminal proceedings

§ 18

(1) The prosecutors shall ensure that all offences are identified and consistently clarified and prosecute the perpetrators in accordance with the provisions of the Code of Criminal Procedure. They also prosecute persons who have committed crimes.

(2) The prosecutors shall, in accordance with the provisions of the Code of Criminal Procedure, supervise the maintenance of legality in the preparatory proceedings.

(3) In carrying out these tasks, they shall ensure that no one is prosecuted without cause, illegally restricted to personal freedom or otherwise illegally restricted in his rights.

Oddíl 3

Participation and jurisdiction of the Prosecutor in proceedings before courts and state notaries

§ 20

(1) The prosecutors are involved in criminal proceedings under the criminal rules.

(2) The prosecutors shall be entitled, under the rules on proceedings before courts and public notaries, to submit applications for the initiation of proceedings or to intervene at any time when they consider that this requires the interest of society or the protection of citizens' rights and to take part in such proceedings.

§ 21

The prosecutors shall appeal against judgments of courts and of state notaries contrary to laws and other legislation in accordance with the provisions of the rules on proceedings before courts and state notaries.

§ 22

The prosecutors shall, in accordance with the rules on proceedings before the courts, make complaints about infringements of the law and initiatives to take opinions to ensure a uniform interpretation of the laws.

§ 23

The Prosecutor General of the Czechoslovak Socialist Republic is entitled to attend the plenary session of the Supreme Court of the Czechoslovak Socialist Republic. The Prosecutor General of the Republics shall be entitled to attend meetings of the Supreme Courts of the Republics.

Oddíl 4

Supervision of the maintenance of legality in places where the detention is carried out, imprisonment, protective treatment and custody

§ 24

(1) The prosecutors shall ensure that persons are held only by decision of the competent authority and that the provisions in force for the exercise of the detention, imprisonment, protective treatment and protection education are kept precisely at the places where the detention is carried out.

(2) In the exercise of supervision at the places where the prison sentence is carried out, prosecutors shall also ensure that the laws and other legislation on the detention and conduct of prison sentences are complied with.

§ 25

(1) The prosecutors are required to carry out regular checks at the places referred to in Section 24 (1), to familiarise themselves with the management activities of those places, to stop or to cancel the execution of orders and decisions if they are contrary to laws and other legislation.

(2) Persons held illegally in these places are obliged to be released immediately by the Prosecutor.

§ 26

In the exercise of supervision under § 24, prosecutors shall be entitled to:

- to visit the places referred to in Paragraph 24 (1) at any time, with free access to all their premises,

- to consult and speak to persons without other persons,

- examine whether the orders and decisions of the administrations of the places referred to in Paragraph 24 (1) or the authorities of their superiors relating to the exercise of custody, custodial sentence, protective treatment and protection education comply with the laws and other legislation,

- request from the staff of the administrations of the places referred to in Article 24 (1) the necessary explanations and the submission of files, documents, orders and decisions relating to the exercise of custody, imprisonment, protection treatment and protection education.

§ 27

(1) The management of the places referred to in Paragraph 24 (1) is required to carry out the orders of the prosecutor relating to the observance of the rules applicable to the exercise of custody, imprisonment, protective treatment and protective custody.

(2) The management of the sites referred to in Paragraph 24 (1) must within 24 hours send to the prosecutor a complaint addressed to him or the person held in those places.

(3) The prosecutors shall ensure that complaints and notifications of persons held at the places referred to in Paragraph 24 (1) are sent without delay to the authorities or agents to whom they are addressed.

Část třetí

Investigation by prosecutors

§ 28

In investigating criminal offences, prosecutors shall proceed in accordance with the provisions of the Code of Criminal Procedure.

§ 29

The prosecutor shall, in the course of his investigation, exercise his jurisdiction over the prosecution's investigators by supervising the investigation under the provisions of the Code of Criminal Procedure.

Část čtvrtá

Organisation of the Prosecutor

§ 30

(1) The prosecution is divided into the General Prosecutor of the Czechoslovak Socialist Republic, which includes the Main Military Prosecutor, the General Prosecutor of the Czech Socialist Republic, the General Prosecutor of the Slovak Socialist Republic, the Regional Prosecutor, the Senior Military Prosecutor, the District Prosecutor and the Military District Prosecutor. In the territory of the capital of the Czechoslovak Socialist Republic and the Czech Socialist Republic of Prague, the district prosecutor's office in Prague is performed by the district prosecutor's office and the district prosecutor's office is performed by the district prosecutor's office. In the territory of the capital of the Slovak Socialist Republic of Bratislava, the district prosecutor's office is performed by the district prosecutor's office in Bratislava and the district prosecutor's office is performed by the district prosecutor's office. The tasks of the district prosecutors in Brno, Ostrava, Plzeň and Košice are performed by the city prosecutors in Brno, Ostrava, Pilsen and Košice. In a military emergency, the State also acts as military prosecutors for higher field prosecutors and lower field prosecutors.

(2) The offices and districts of the prosecutors are the same as those of the courts.

(3) The general prosecutors of the Republics may provide for derogations from the provisions of paragraph 2 within their jurisdiction. These measures will be published in the Collection of Laws.

§ 31

The offices, circuits and responsibilities of the higher military prosecutors and military district prosecutors are defined by the Prosecutor General of the Czechoslovak Socialist Republic in agreement with the Minister of National Defence.

§ 31a

The Prosecutor General of the Czech Socialist Republic is the head of the Prosecutor General of the Czech Socialist Republic. The Prosecutor General of the Slovak Socialist Republic is the head of the Prosecutor General of the Slovak Socialist Republic.

§ 32

(1) The Chief Military Prosecutor is the Head of the Military Prosecutor.

(2) Regional prosecutors lead by district prosecutors, city prosecutors lead by city prosecutors, district prosecutors lead by district prosecutors and district prosecutors lead by district prosecutors.

(3) Senior military prosecutors lead; Military district prosecutors are headed by military district prosecutors.

(4) The prosecutors and investigators of the prosecutors who are subordinate to the prosecutors (paragraphs 1 to 3) and to their superior prosecutors are active in the individual prosecutors.

§ 33

(1) The Prosecutor General of the Czech and Slovak Federal Republic, the Prosecutor General of the Republics and the Chief Military Prosecutor shall direct and control the activities of all their subordinate prosecutors. In order to carry out their tasks, they shall issue orders and instructions binding on all subordinate personnel of the prosecution. They also issue generally binding regulations if they are empowered by law to do so.

(2) In order to unify the interpretation of laws and other generally binding laws issued by the authorities of the Czech and Slovak Federal Republic, the Prosecutor General of the Czech and Slovak Federal Republic issues opinions binding on all prosecutors and investigators of the prosecution. The Prosecutor General of the Republic to unify the interpretation of laws and other generally binding laws issued by the authorities of the Republic shall issue binding opinions to subordinate prosecutors and prosecutors.

(3) The general prosecutors are represented to the extent provided for by their deputy representatives. One of the Deputy Prosecutor General of the Czech and Slovak Federal Republic is the Chief Military Prosecutor, who represents the Prosecutor General of the Czech and Slovak Federal Republic in the performance of tasks in the armed forces and armed corps.

§ 35

Regional prosecutors, senior military prosecutors, city prosecutors, district prosecutors, military district prosecutors and district prosecutors may have deputy representatives who represent them to the extent specified.

§ 36

(1) Supervision of the observance of the legality of institutions and organisations with federal jurisdiction is exercised by the Prosecutor General of the Czechoslovak Socialist Republic and, to the extent set by the Prosecutor General of the Czechoslovak Socialist Republic. Supervision of the observance of the legality of the institutions and organisations whose jurisdiction exceeds the district procuratura (city procuratures in Prague) is exercised by the Prosecutor General of the Czech Socialist Republic in the territory of the Czech Socialist Republic and, to the extent set by the prosecutors, by the General Prosecutor of the Czech Socialist Republic. In the territory of the Slovak Socialist Republic, the Prosecutor-General of the Slovak Socialist Republic and, to the extent specified by the Prosecutor-General of the Slovak Socialist Republic, the Prosecutor-General of the Slovak Socialist Republic shall supervise the legality of the authorities and organisations whose jurisdiction exceeds that of the District Prosecutor's Office (City Prosecutor's Office in Bratislava).

(2) Supervision of the observance of legality by authorities and organisations whose jurisdiction extends beyond the district (district) prosecutors, is exercised by district prosecutors (city prosecutor in Prague, city prosecutor in Bratislava) and, to the extent set by them, prosecutors in the district prosecutors (city prosecutors in Prague, city prosecutors in Bratislava).

(3) The supervision of the legality of other bodies and organisations is exercised by district (district, urban) prosecutors and, to the extent provided by them, by district (district, urban) prosecutors.

(4) The Prosecutor-General of the Czechoslovak Socialist Republic may provide for exceptions to the provisions of paragraphs 1 to 3 in its field of competence. The general prosecutors of the Republic may provide for exceptions to the provisions of the second or third paragraphs of paragraph 1 and the provisions of paragraphs 2 and 3 in their fields of competence.

(5) The Prosecutor-General of the Czechoslovak Socialist Republic decides the jurisdiction disputes between the Prosecutor-General of the Republics.

(6) Military prosecutors are responsible for overseeing the legality of the armed forces and armed forces.

Část pátá

Prosecutors, prosecutors and legal candidates

§ 37

(1) The prosecutor or investigator of the prosecution may be appointed as a professional, upstanding citizen of the Czech and Slovak Federal Republic, who

(a) reach the age of at least 24 years;

(b) has a full law degree;

(c) during a specified period, he has carried out a waiting experience and successfully passed the final examination;

(d) is not a member of any political party (1)

(2) Only an officer of the judiciary in active duty may be a military prosecutor or investigator of the military prosecution.

(3) The Prosecutor-General of the Czechoslovak Socialist Republic, the Prosecutor-General of the Republics and the Chief Military Prosecutor may, for important reasons, exceptionally forgive waiting practice and final examination, provided that the latter otherwise provides a guarantee of the proper performance of the Prosecutor's office.

§ 38

(1) The Prosecutor General of the Czechoslovak Socialist Republic appoints and rescues the Deputy Prosecutor General of the Czechoslovak Socialist Republic and the Chief Military Prosecutor. It also places prosecutors and investigators of the Czech Socialist Republic in office.

(2) The general prosecutors of the Republic shall appoint and remove Deputy Prosecutor General of the Republic. They shall also appoint and remove subordinate prosecutors and prosecutors.

(3) The Chief Military Prosecutor has appointed military prosecutors and investigators of military prosecutors.

§ 39

The prosecutors and investigators of the prosecution shall, upon their first provision, take the following oath in the hands of the superior prosecutor:

"I promise in my honour and conscience that I will be faithful to the Czech and Slovak Federal Republic, that I will promote and consolidate legality, respect in the performance of my duties the interests of the Republic and maintain secrecy in official matters."

§ 40

(1) The employment situation of prosecutors and prosecutors shall be governed by general law, unless otherwise provided for in this law.

(2) The employment of prosecutors and prosecutors shall be subject to provisions in the capacity of prosecutors or prosecutors.

(3) The employment of the prosecutor or investigator of the prosecution ends

(a) if disciplinary measures have been imposed on the prosecutor or investigator of the prosecution,

(b) if the Prosecutor or the Prosecutor of the Prosecutor has fulfilled the conditions for entitlement to a full old-age or invalidity pension, if the Prosecutor or the Prosecutor of the Prosecutor so requests, or if so decided by a superior prosecutor entitled to a decision pursuant to Paragraph 38.

(4) The Director of the Prosecutor (§ 38) will also decide on the termination of his employment if he has lost the Prosecutor or Prosecutor of the National Citizenship of the Czech and Slovak Federal Republic, or is a member of the political party. 1)

§ 40a

(1) If the time limit referred to in Article 47 (1) for the introduction of disciplinary proceedings has elapsed, the superior prosecutor authorised to take a decision pursuant to Article 38 may, after having established the opinion of the Commission for that purpose, immediately terminate the employment with the prosecutor or investigator of the prosecution, if the prosecutor or investigator has violated his duties in such a way that he has lost the trust needed to hold the current office.

(2) The measures provided for in paragraph 1 may be implemented by 1 June 1991.

§ 41

The prosecutor or investigator of the prosecution may resign. The declaration shall be in writing. Refusal of office may be refused by a superior prosecutor entitled to a decision under Paragraph 38 only exceptionally out of important social interests.

§ 42

(1) The military service relationship is applicable to soldiers active in the prosecution, unless otherwise provided for in this law, to the legislation applicable to soldiers, as well as to military service regulations and orders.

(2) The Ministry of National Defence is the personal office of soldiers active in the prosecution and other staff active in the military prosecutors.

§ 43

The prosecutors and investigators of the prosecution are required to maintain laws and other laws in the performance of their duties. They are also obliged to follow orders and to maintain confidentiality in official matters, unless they have been relieved of that obligation in a particular case by a superior prosecutor entitled to a decision pursuant to Paragraph 38. In addition, they are obliged to refrain from carrying out their duties and in the civil life of anything that might undermine the seriousness of the prosecution or reduce citizens' confidence in it.

Citation	Act No. 60 / 1965 Coll., on the Prosecutor's Office
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	30.06.1965
Effective from	01.08.1965
Effective until	-
Status	Valid

Act No. 60 / 1965 Coll.

Law on the Prosecutor

Contents